UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4

Mr. Brad Gane Chief, Ecological Services Section Coastal Resources Division ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA. GEORGIA 30303-8960 FEB 2 9 2012

Georgia Department ofNatural Resources One ConservationWay Brunswick, Georgia 31520-8686 DearMr. Gane: Thank you for your letter ofFebruary 9, 2012, requesting an extension to provide your Coastal Zone Management Act (CZMA) consistency concurrence or objection onthe U.S. Environmental Protection Agency's national consistency determinations for re-issuance oftwo National PollutantDischarge Elimination System general permits; the Vessel General Permit (VGP) and the Small Vessel General Permit (sVGP). In a letter dated December 12,2011, the EPA provided its "national consistency determinations" to you for review under section 307 ofthe CZMA. In that letter, the EPA anticipated your response within 60 days ofreceipt or that the EPA would presume concurrence. You indicated in your letterthat you would beunable to complete your CZMA consistency determinations until the Georgia Department ofNatural Resources Environmental Protection Division (EPD) issues Clean Water Act (CWA) section 401 certifications for the draft VGP and sVGP, as such certifications may contain conditions that could substantiallymodify the permits. As your letter noted, the EPAhad requested that those CWA section 401 certifications be completed byJune 30, 2012. You requested an extension for completion ofyour CZMA consistency review to that date. In orderto enable youto fully and appropriately consider the results ofthe CWA section 401 certification process in Georgia, the EPA is extending your time until July 16, 2012, for completion of yourCZMA consistencyreview. Bythat date, you should eitherprovide your concurrence with, or objection to, the EPA's national consistency determinations for the VGP and sVGP, respectively. Ifa reply is not received within that time period, the EPA intends to presume your concurrence. See 15 Code ofFederal Regulations (C.F.R.) § 930.41(a). Theremainder ofthis letterresponds with clarifications regarding a variety ofmatters in your February 9, 2012, letter. You indicated that the 60-dayreview period identified in the EPA's December 12, 2011, letter was based on the provisions of 15 C.F.R. § 930.35(c), which would only apply to a negative determination by a federal agency. Though the EPA letterdid not identify the regulatorybasis for the 60-dayreview interval, the EPA's reasoning was based on 15 C.F.R. § 930.41(a), which addresses state responses to a federal agencyrequest for consistencyreview. Section 930.41(a) generallyprovides for a 60-dayperiod from receipt ofa federal agency's consistency determination, beyond which state concurrence maybe presumedbythe agency, absent a state extension request made in accordance with that regulation's provtswns. You also indicated that 15 C.F.R. § 930.36(b)(l) establishes a 90-day period for a state response to the EPA's national consistency determinations. That regulation, however, does not address state agency Internet Address (URL) • http://www.epa.gov Recycled/RQcyclable • Printe(J wrth Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)

### responses, butrather a federal agency's time to submit its consistency determination to a state, specifically that such federal submission occur at least 90 days priorto final federal approval ofthe action unless the federal and state agencies agree to an alternate timeframe. Bycontrast, the time for the state response is governedbythe provisions of 15 C.F.R. § 930.4l(a).
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### is importantto all ofus that we are able to take timely final action on the next VGP and sVGP, and completion ofthe CZMAreview process is an important part ofthat. Welook forward to working with you, and should you have further questions, please do nothesitate to contact Mr. Marshall Hyatt ofmy staffat (404) 562-9304.

cc: Ms. LindaMacGregor, Chief Watershed Protection Branch Georgia EPD Sincerely,

James D. Giattina Director WaterProtection Division